Ad fact check: Background Check

[Image: A clip from a recent campaign ad by state Rep. Abel Herrero, D-Robstown, is set inside a television.]

Herrero: "As parents, we'll do anything for our children ..."

[Image: Campaign ad fades into white noise, as if television is getting bad reception.]

Narrator: "Abel Herrero says he protects our children. So why did he vote against a bill to keep sexual predators out of our schools?"

[Image: Two children in a classroom next to a picture of Herrero. Text on blackboard 'Herrero fails Children." Picture of Herrero fades to mugshot image of Michael Schweitzer. Text on blackboard changes to "Bus Driver Convicted"]

Narrator: "Abel was one of only four lawmakers to vote against criminal background checks for school employees." [Image: Documents on screen from House of Representatives. Text on blackboard reads "Abel Voted Against Background Checks.]

Narrator: "Abel should have spent more time protecting our children instead of making money off programs for the poor and elderly. Let's wash our hands of Abel Herrero."

Medium: Television

Paid for By: Connie Scott Campaign

The Issue:

Since 2003, new teachers in Texas have undergone criminal background checks. Senate Bill 9 ordered schools to fingerprint all school employees, including those hired before 2003, and perform criminal background checks on them.

Teachers found to have been convicted of a sex offense would also be fired under the law. The state board of education had the discretion to terminate other employees if background checks turned up sex offenses or other offenses, including theft and drug offenses.

Michael Schweitzer was a bus driver for Del Valle ISD who was convicted of soliciting a minor through the Internet in May and sentenced to four years. He was arrested for the incident in October 2007. The school district told the Austin American-Statesman that it had performed a background check on Schweitzer prior to being hired in September 2007, and that he had a clean record. He was hired before implementation of Senate Bill 9.

In a statement, Herrero said he voted against the measure because it was unclear who would pay for the background checks, and he was afraid it would become an unfunded mandate. Though only four legislators voted against the measure, other legislators shared his concern and the governor's office later allocated up to $10 million to fund background checks for teachers who had not had them. New teachers generally pay for their own background checks, about $50. Individual districts decide whether to make other employees pay for the checks. Claims regarding Herrero's connection to his wife's home healthcare business are the subject of another ad fact check and can be found on the Caller.com elections page.